Symphony Theatre Co. v. Ely
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Symphony Theatre Company, Inc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Broome on the 31st day of December, 1918, dismissing the complaint on the merits upon the decision of the court after a trial at the Chemung Special Term.
1Opinion of the Court
Lyon, J.:
The plaintiff is the owner and operator of a moving picture theatre. It conducted its business for profit between the hours of two and eleven o’clock on Sunday. The defendants are the mayor and police commissioner of the city of Binghamton, N. Y. They interfered with the business of the plaintiff, claiming that the same was being conducted in violation of the Penal Law, and warned and threatened patrons who had purchased tickets that, if continued, they should prevent by force the conduct of the business on Sunday. The plaintiff thereupon brought this action in equity and obtained a…
2Cases cited10 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- Delaney v. . FloodNew York Court of Appeals · 1906
- Hale v. BurnsAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Bender v. JoyceAppellate Division of the Supreme Court of the State of New York · 1916
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